Car accidents are a daily occurrence. Not only are they unpleasant, but they may leave you with property damage, injuries, and financial burden. If you have been involved in a car accident, know you have legal rights.
Our Kentucky car accident attorneys are ready to help you.
What You Should Do After a Car Accident in Kentucky
You should take specific steps following a car accident. These steps can help not only you but possibly also your future case.
Call 911 immediately following the car accident and request police assistance. If you or anyone in the vehicle has suffered injuries, be sure to also ask for medical care. The police will compile information and turn it into a police report that can later be used by your insurance company or auto accident lawyer.
Collect Information at the Scene of the Accident
If possible, try to collect as much information as you can while you are still at the scene of the accident. Take photos of the other vehicle and the surrounding area, and talk to any possible witnesses. Vital information to collect includes:
- The other driver’s name and address;
- The vehicle’s details;
- Driver license information; and
- Insurance information.
Your insurance will ask for this information, and your car accident attorney may also use it in the future. The police report will include plenty of information, but not every detail, so it helps to fill in the blanks.
File a Claim With Your Insurance Company
Whether or not you were at fault for the car accident, you need to notify your insurance carrier. Insurance companies usually require drivers to file a claim as soon as they possibly can following a collision. They will ask you for details about the accident and collect any information you may have for them. The insurance company will also assign an insurance adjuster. The adjuster will take over your claim and handle all aspects, from car inspections to settlement offers.
Get Medical Attention
Seeking medical attention after a car accident is crucial. Even if you believe you are unharmed, you should still visit your primary care physician. During your visit, detail every pain you may be experiencing, no matter how menial it may seem. Medical professionals know how to discover injuries, even if you believe you have none. Some injuries are not evident at the time of the collision but surface days later.
Your doctor may also suggest further medical treatment. You must follow their instructions and seek any treatment they recommend. Attend every appointment and be sure to have every visit well documented. Medical and treatment records will be an integral part of your case.
Damages in Kentucky Car Accidents
Damages serve to compensate you for your losses after a car accident. In Kentucky, damages can be economic or non-economic. There are also no caps on damages.
Economic damages are easily calculated and assigned a dollar amount. They include:
- Medical bills,
- Medical expenses, and
- Past and future lost wages.
Proper documentation, like bills, are utilized when calculating economic damages.
Non-economic damages are different from economic damages in that they are not as easy to calculate. They include:
- Pain and suffering,
- Mental and emotional anguish, and
- Loss of enjoyment of life.
Aside from proper documentation, outside sources help support non-economic damages, including witnesses and experts.
Pure Comparative Negligence
Kentucky applies the “pure comparative negligence” rule that may affect how much you may collect in damages. If you were partially at fault for the accident, your share of the negligence may reduce the total compensation you can obtain. For example, if you are seeking $100,000 in damages but are 30% at fault, the most you will recover is $70,000.
Statute of Limitations for Kentucky Car Accidents
A statute of limitations is a time restriction placed on your time to file a lawsuit. The statute of limitations varies by state and claim. In Kentucky, there are two statutes of limitation to keep in mind.
First, the statute of limitations for personal injury cases is one year after the date of the accident. If you suffered injuries resulting from your car accident, you will have one year to file your personal injury lawsuit.
Second, the statute of limitations for property damage is two years. If you suffered property damage during the car accident and wish to seek compensation, you will have two years to file your claim.
If you fail to bring your claim within the time limit imposed on your particular claim, you are unlikely to be able to recover for your damages.
How to Choose the Right Attorney
When it comes time to look for a Kentucky car accident attorney, you may not know where to begin. There are a few things to keep in mind when looking for your ideal attorney, including:
- Whether the attorney specializes in the area of law you need help with;
- Whether the attorney is knowledgeable and experienced;
- Ensuring that the attorney is communicative;
- Learning what to expect when working with the attorney; and
- Whether you feel comfortable working with the attorney.
Aside from these details, one of the most important things to consider when looking for a car accident lawyer is the area in which they practice. Finding a local attorney is best for you and your case. A local attorney is familiar with the local laws and procedures, and having your attorney close by will make face-to-face meetings that much easier.
Go with Gerling for a Free Consultation
Gerling Law has been working with clients to seek compensation for over five decades. We have experience handling a wide variety of cases, including the most complex car accident cases. We fight fiercely for your rights while offering kindness and compassion throughout your experience.
If you are involved in a car accident, do not hesitate to contact us. During your free initial case evaluation, we will review your situation, answer any questions you may have, and offer the most genuine legal advice.
Contact by clicking the number at the top of the page or filling out the form below.